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DUI and fear of being inadmissible at POE in USA (H1b visa, Green card, immigration)

Immigration 6 views 4 answers
I was charged with DUI (July 2012). I pled guilty (Feb 2013). I was charged with 2nd DUI ( Jan 26th, 2014) I went to India in Feb 2014 for H1b stamping. I stated both DUIs in my documents but the visa officer asked me only about my 1st DUI. I did medical evaluation, got my visa stamped and returned via LA in Feb 2014. Unsure why visa officer in India or immigration officer in LA did not ask about 2nd DUI (probably because it was not processed by court and it was not showing up in their systems or because the case was still pending). Jury found not guilty for 2nd DUI (simple DUI, extreme DUI, super extreme DUI) and not guilty for leaving scene of accident (No one was hurt). I am going to India in 3 months. Could I be deemed inadmissible at POE in USA when I get back?

Attorney Answers

4
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No, you will not be deemed inadmissible for one DUI conviction, with the 2nd one having been dismissed, but make sure to have on you the court certified copies of the final dispositions of both DUI cases, for the eventuality that you will be questioned by CBP at the airport upon arrival.
0 upvotes
Peter Le ·
Hi there. You would not be deemed inadmissible for just two simple DUIs. However, be aware that Department of Homeland Security (DHS) policy guidance instructs that “a significant record of alcohol-related driving incidents” could result in a finding of health-related inadmissibility. The Service's position is that DUI/DWI convictions and/or arrests under certain circumstances should require a mental status examination to determine admissibility. Make sure you have with you original certified copies of your convictions when you travel in case you are pulled into Secondary. Good luck.
0 upvotes
Eitan Magendzo ·
Please contact a local immigration attorney who can review your criminal record and all of your documents to give you the best advice.
0 upvotes
Alfonso Caprara ·
Not for the second DUI charge. Possibly for your failure to disclose the arrest on the second DUI. That could be x\considered as a material omission with intent to deceive. I would really take counsel with an Immigration Attorney to prepare you how to address this issue
0 upvotes

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